On July 1, 2020, Gov. Phil Murphy signed the “Permit Extension Act of 2020” into law. The new law (Assembly Bill No. 3919) extends certain permits, approvals, and deadlines for the duration of the public health emergency associated with the COVID-19 pandemic. The law took effect immediately and is retroactive to
In State v. Michael A. Jackson, (A-11-19/082735)(Decided July 2, 2020), the Supreme Court of New Jersey held that the defendant was deprived of his right to confrontation and denied a fair trial. According to the court, the jury should have had full access to the cooperating witness’s plea agreement history through
In Lembo v. Marchese, (A-92-18/082930) (Decided June 17, 2020), the Supreme Court of New Jersey held that the New Jersey Uniform Fiduciaries Law (UFL) does not authorize an affirmative cause of action against a bank. Rather, it provides a bank with a limited immunity from liability for failing to take
The Supreme Court of New Jersey recently held that due process protections must be added to the process by which New Jersey prisoners may seek a medical furlough under Executive Order 124. Specifically, the court held in In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings,
In Arthur G. Whelan v. Armstrong International, Inc., (A-40/41/42/43/44/45/46-18/081810) (Decided June 3, 2020), the Supreme Court of New Jersey ruled that asbestos liability can extend to third-party replacement parts. The court specifically held thatmanufacturers and distributors can be found strictly liable for failure to warn of the dangers of their
In S.C. v. New Jersey Department of Children and Families (A-57-18/081870) (May 27, 2020), the Supreme Court of New Jersey raised serious concerns about the “not established” finding used by the New Jersey Department of Children and Families (DCF or Department), characterizing it as “vague, amorphous, and incapable of any
In Cowley v. Virtua Health System (A-47-18/081891) (Decided May 4, 2020), the Supreme Court of New Jersey held that the “common knowledge” exception to the Affidavit of Merit Statute did not apply to the plaintiff, a hospital patient who removed her own breathing tube and refused replacement. Facts of Cowley
In New Jersey Transit Corporation v. Sandra Sanchez (A-68-18/082292) (Decided May 12, 2020), the Supreme Court of New Jersey held that New Jersey’s no-fault auto insurance scheme does not prohibit an employer from suing to recoup workers compensation costs it paid out for a worker’s car accident injuries. Facts
